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work places testing for nicotine

I'm not gonna lie, i smoke, and have for 10 years (almost). well, my company is now testing for nicotine and if you fail (regardless the source) they are charging a surcharge. however, there IS a catch. they are ONLY requiring those who have medical coverage under this company. they are also requiring a biometric screening for covered employees, those who (also) do not submit are being charged a surcharge.

now here is my problem........they are not requiring ALL employees to submit to this testing like they would a drug test. only those who have HEALTH.

would that not be considered discrimination?

and for employees who don't have coverage else where are REQUIRED to take the company's health insurance. is that even legal? that's the ONLY reason i'm still on it, cause i have no other options and they require us to have it-trust me, i'm looking for an affordable private insurance.

and my next question, how can they hold nicotine against people when it's still legal? and it doesn't matter the source of nicotine. ecigs, patches, etc are all "failed test". i get if they want a "smoke free work place" ok so then ban smoking from company property.

now before anyone goes on to say and bash for me to just quit, i'm working on that part, that's not the point. a nicotine addiction is worse than crack......clinically proven

No it is not discrimination. You can choose to follow the rules, or you can choose employment elsewhere. With your line of thinking you could say a speeding ticket is discrimination because it discriminates against speeders. That is ridiculous reasoning.

There are certain civil rights. You do not have a civil right to get health insurance at loct even when your rish is high.

just to add to the thread--I commented below but to make sure you see it--they are going after the obese as well--NC state employees had this policy implemented a few years ago--they were given two years notice to quit smoking/lose weight ( were offered free seminars to assist) or their health insurance costs to them would go up. It is legal. It sucks, but statistically insuring the obese and those who smoke is very expensive and those who don't smoke/aren't overweight were tired of paying higher premiums to cover others' medical issues.

Quoting Anonymous:

Exactly! And how is it they plan to enforce it. And how much money are you really saving by testing everyone, pissing people off so they quit, having to offer incentive pays to current employees and higher pay to new ones, so on and so on. They are claiming lead by example and they know that is bs. lol I was talking to one of our patients the other day about it and he was genuinely disturbed by the entire thing! On top of mandating the flu shot as well. He said he wanted to start going elsewhere because he didn't want "a bunch of commies deciding his treatment..." and he was dead serious! lol cant say I agree but bet they didn't see that one coming!

Now I am ok with a surcharge on insurance as long as it isnt outrageous and an obvious attempt to make you quit BUT they also need to do it on other unhealthy groups and ENCOURAGE healthy habits vs threatening only.

Quoting Sasha-:

I have issues with that, in florida its because the hospital want to lead by example and be in good health. So next are they going to fire obese people? I mean after all they know what they put in their bodies and they choose not to excersize so should they be fired as well?

Quoting Anonymous:

My hospital in Texas is doing the same thing they just cant figure out how to enforce it just yet. But we have been told we will be fired for it.

Quoting Sasha-:

More companies are doing this, even not offering a job if you smoke. There is a hospital in Florida I think that if you smoke they will fire you.

It helps to keep the cost of health insurance down for the company as a whole. There is no denying that smokers and fat people have greater health care costs. Should everyone's premiums go up to cover the bad habits of the few or should the few with the bad habits have to cover the extra expense themselves in the form of a surcharge?

by Anonymous 1 - Original Poster
on Feb. 27, 2013 at 8:56 PM

Quoting SRUsarahSC:

just to add to the thread--I commented below but to make sure you see it--they are going after the obese as well--NC state employees had this policy implemented a few years ago--they were given two years notice to quit smoking/lose weight ( were offered free seminars to assist) or their health insurance costs to them would go up. It is legal. It sucks, but statistically insuring the obese and those who smoke is very expensive and those who don't smoke/aren't overweight were tired of paying higher premiums to cover others' medical issues.

so what's next, are they goign to mandate my diet too?! ban pop, ban those cookies, hell we don't have freedom to do our own shopping anymore............eventually

by Anonymous 7
on Feb. 27, 2013 at 8:59 PM

Not discrimination because they're not going to fire you if you smoke. It's only discrimination if your job is on the line. I totally agree because smoking causes higher insurance costs so they want you to carry more of the premium because you're causing it to be higher.

by Anonymous 8
on Feb. 27, 2013 at 9:00 PM

1 mom liked this

This, smokers are a drain on health care, not only to themselves, but other bystanders.

I'm on the fence on whether I agree with it or not...no employers that I am aware of are saying you CAN'T smoke or be overweight, they are just going to charge you more...hitting the wallet is supposed to be an incentive. NC did give people two years notice to work on whatever issues they had, sounds like yours didn't. What assistance are they offering employees to help them quit/lose weight? It's true that i's more expensive to insure them....but everyone can do what they want, it's a free country....but they aren't saying you can't do what you want per say. You're not alone, most companies will be going to this over the next few years that haven't started already.

Quoting Anonymous:

Quoting SRUsarahSC:

just to add to the thread--I commented below but to make sure you see it--they are going after the obese as well--NC state employees had this policy implemented a few years ago--they were given two years notice to quit smoking/lose weight ( were offered free seminars to assist) or their health insurance costs to them would go up. It is legal. It sucks, but statistically insuring the obese and those who smoke is very expensive and those who don't smoke/aren't overweight were tired of paying higher premiums to cover others' medical issues.

so what's next, are they goign to mandate my diet too?! ban pop, ban those cookies, hell we don't have freedom to do our own shopping anymore............eventually

by Anonymous 4
on Feb. 27, 2013 at 9:01 PM

At my company it's the medical insurance company who requires nicotine tests, BMI. and waist/hip ratio. Refuse or have bad stats and your rates go up. It's like a life insurance company saying you have a heart condition so your life insurance rates will be high. Insurance is run by the actuaries.

Quoting MeAndTommyLee:

Speeding is illegal

Smoking cigarettes is not; nor should it be.

Quoting Anonymous:

No it is not discrimination. You can choose to follow the rules, or you can choose employment elsewhere. With your line of thinking you could say a speeding ticket is discrimination because it discriminates against speeders. That is ridiculous reasoning.

There are certain civil rights. You do not have a civil right to get health insurance at low cost even when your risk is high.

They won't even offer people a job at the hospital system here. And yes, they WILL fire you, if you test positive for nicotine.

i honestly don't see how they can do that without beind sued for wrongful termination. honestly if i lost my job because i smoke, i'd be filing a lawsuit ESPECIALLY where i'm at. i've been there 6.5 years, and have openly smoked the ENTIRE time

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